Last week Manziel's corporation, JMan2 Enterprises -- can you imagine the Christmas parties? -- filed a lawsuit against a man who was selling "Johnny Football" t-shirts. While Manziel can't profit off the direct sale of t-shirts featuring his name or likeness, the NCAA has ruled that he can trademark the phrase and protect his property interest from being infringed upon.

Only, that's not all he can do. The NCAA recently notified Texas A&M that, "a student-athlete can keep financial earnings as a result of a legal action."

You see the loophole you can drive a Rolls-Royce through yet?

Manziel can't directly profit off the sale of licensed products featuring his likeness, but he can pocket any proceeds that arise from a trademark lawsuit. Which is basically the same thing.

Raising this interesting question, what's to keep a bunch of Texas A&M boosters from intentionally infringing on Manziel's trademark, being sued for doing so, and then settling out of court for hundreds of thousands of dollars in legal payments to Manziel?

Nothing.

In other words, isn't this ruling a license for boosters to legally pay Manziel to play college football?

Yep.

What's more, it's not just Manziel who has this opportunity. Every star player should work to trademark his likeness so that he can protect his future earnings potential. Trying to decide whether to go pro or stay in college, but really need to make some money off your talents while you're in college? Just find a booster who is willing to infringe upon your trademark, sue him, have him agree to settle, and voila, the payment becomes permissible under NCAA rules.

This is genius.

"I believe it is the nature of the human species to reject what is true but unpleasant and to embrace what is obviously false but comforting." H.L. Mencken

I think Travis is overstating the reach of this. Granted on its surface it appears as though this sort of thing could become a new issue for the NCAA, but I think it will have limited utility as a way for boosters to sidestep the NCAA rules about paying players. The courts will not appreciate becoming an instrument in a pay for play scandal and will move to prevent litigation like this, particularly if they find that there is a pre-existing relationship between the booster and the athlete. This pre-existing relationship with the express purpose of designing out of court settlements would actually create a "Principal/Agent" legal relationship between the two, potentially nullifying (on questions of implied authority) the lawsuit and drawing the amateurism of the athlete into question.

When I say "Prinicipal/Agent" relationship, I don't mean agent in the sports agent sense, but in the Agency Law sense.

It makes for good reading, but it is a fantasy. I don't think we are going to see a rash of southern athletes suing for trademark infringement in the near future. They will keep picking up their envelopes full of cash just like they have for the last few decades because it is traditional, easy, impossible to track and you don't have to pay taxes! The NCAA is so inept that such a scheme is not even necessary, they can't even bust Cam Newton even when they have audio tape of his dad demanding a couple of hundred K for his kid to play.

It is not like the players in really have to launder the money or answer difficult questions about where they got their dozen $2K suits or $40K cars sitting on $5K of rims and wheels. Why bother?

Coming from a Wolverine, we're the football equivalent of a formerly abused wife of a meth addict who just remarried the safe nice guy. We're just glad we have someone who's aware that it's a rivalry and that tackling on defense is integral. Baby steps.

furls wrote:I think Travis is overstating the reach of this. Granted on its surface it appears as though this sort of thing could become a new issue for the NCAA, but I think it will have limited utility as a way for boosters to sidestep the NCAA rules about paying players. The courts will not appreciate becoming an instrument in a pay for play scandal and will move to prevent litigation like this, particularly if they find that there is a pre-existing relationship between the booster and the athlete. This pre-existing relationship with the express purpose of designing out of court settlements would actually create a "Principal/Agent" legal relationship between the two, potentially nullifying (on questions of implied authority) the lawsuit and drawing the amateurism of the athlete into question.

When I say "Prinicipal/Agent" relationship, I don't mean agent in the sports agent sense, but in the Agency Law sense.

It makes for good reading, but it is a fantasy. I don't think we are going to see a rash of southern athletes suing for trademark infringement in the near future. They will keep picking up their envelopes full of cash just like they have for the last few decades because it is traditional, easy, impossible to track and you don't have to pay taxes! The NCAA is so inept that such a scheme is not even necessary, they can't even bust Cam Newton even when they have audio tape of his dad demanding a couple of hundred K for his kid to play.

It is not like the players in really have to launder the money or answer difficult questions about where they got their dozen $2K suits or $40K cars sitting on $5K of rims and wheels. Why bother?

$10k+ for autographs at the BCS title game. Fascinating. Now, I have nothing against high-profile athletes making money from their own stuff while in school. But this is no different from giving away jerseys and autographs for tats- and let's see how they spin it.

Well, in all fairness, there isn't a coach cover up so it really isn't as bad as the Tressel thing.

That said it is pretty bad, but he will probably walk, because he is in God's chosen conference.

Coming from a Wolverine, we're the football equivalent of a formerly abused wife of a meth addict who just remarried the safe nice guy. We're just glad we have someone who's aware that it's a rivalry and that tackling on defense is integral. Baby steps.

I'll go on record and say I don't care if JM or Clowney go paid for signing shit or not. In fact I hope they did. And I hope they get away with it.

In fact I hope the NCAA knows beyond a shadow of a doubt that they did, but can't prove it so they can't do anything about it. Because fuck the NCAA and their bullshit hypocrisy.

And I don care how you feel about JM or the SEC or whatever, a college FB season without manziel or Clowney is a worse, less interesting season. Just like Pryor's last season was less interesting for everyone without him there.

motherscratcher wrote:I'll go on record and say I don't care if JM or Clowney go paid for signing shit or not. In fact I hope they did. And I hope they get away with it.

In fact I hope the NCAA knows beyond a shadow of a doubt that they did, but can't prove it so they can't do anything about it. Because fuck the NCAA and their bullshit hypocrisy.

And I don care how you feel about JM or the SEC or whatever, a college FB season without manziel or Clowney is a worse, less interesting season. Just like Pryor's last season was less interesting for everyone without him there.

I agree on all counts.

Coming from a Wolverine, we're the football equivalent of a formerly abused wife of a meth addict who just remarried the safe nice guy. We're just glad we have someone who's aware that it's a rivalry and that tackling on defense is integral. Baby steps.

Why does anyone even bother following the NCAA's rules? They don't really enforce them with any kind of consistency. I don't really give a shit what Johnny Football does with his own name, but this whole thing is laughable. It's about money, like always with the NCAA.

How does this shit consistently happen? The SEC teams seem to always get a pass, is it because the NCAA is biased towards them or is it that the SEC schools are just way better at keeping this shit contained and keep their own from admitting anything?

I certainly hope that OSU doesn't have any more compliance problems but if we do I think we need to start adopting the SEC approach and not talking. "I don't know that guy in the photo. I didn't even see any photo. No that wasn't me in the photo. There was a photo? I don't know what you're talking about but here's my name and my social security number if you need them".

He is quickly becoming the most reviled player in the NCAA by players and fans alike. Question is how long will Kevin Sumlin tolerate it?

This is what happens when a kid is indulged at all times and then coasts to stardom too early. He is Lindsay Lohan.

Coming from a Wolverine, we're the football equivalent of a formerly abused wife of a meth addict who just remarried the safe nice guy. We're just glad we have someone who's aware that it's a rivalry and that tackling on defense is integral. Baby steps.

motherscratcher wrote:I'll go on record and say I don't care if JM or Clowney go paid for signing shit or not. In fact I hope they did. And I hope they get away with it.

In fact I hope the NCAA knows beyond a shadow of a doubt that they did, but can't prove it so they can't do anything about it. Because fuck the NCAA and their bullshit hypocrisy.

And I don care how you feel about JM or the SEC or whatever, a college FB season without manziel or Clowney is a worse, less interesting season. Just like Pryor's last season was less interesting for everyone without him there.

I agree on all counts.

In fact I feel they should promote such "autograph events". The NCAA gets 20%. The athlete gets 20%. The Team gets 20%. The school gets 20%. I get 20%.

Can you imagine the offensive lineman out on High Street passing out flyers for the upcoming " Braxton, Roby, Shazier" Autograph Fundraiser? Million bucks.

furls wrote:He is quickly becoming the most reviled player in the NCAA by players and fans alike. Question is how long will Kevin Sumlin tolerate it?

Til he stops winning Heismans and beating Alabamas.

But yes, as I mentioned somewhere yesterday, he's the entitled, little rich kid who has still never heard, 'No!' from an adult.

At some point he'll either step on his own crank to the point no one can straighten it out or he'll get exposed and lit up and he'll go away.

You think Saban has been planning for next Saturday for about 11 months? I fully expect little Johnny gets some measure of comeuppance next Saturday.

He ( his legal team and school ) managed to give a big fat middle finger to the NCAA. So even though he's an entitled doosh who acts like a punk on/off the field, I'll always have a tiny bit of admiration for anyone who tells Mark Emmert to fuck off.

I don't need to be patient, they're going to be shit forever. - CDT, discussing my favorite NFL team

I don't know if Saban has the horses based on what I saw yesterday. 'Bama looked very mortal this week. No question aTm is a much better team with Manziel, but I give Sumlin credit for tossing him out of the game yesterday. I know the outcome was not in doubt, and that certainly makes a difference, but I will give Sumlin credit for taking a stand.

I wonder how much more attitude Sumlin will take. I bet turning his back on his coach had as much to do with it as his shit talking to Rice. This little puke doesn't realize he isn't just alienating his NCAAF team, but is hurting his draft prospects too. He is becoming a Raiders only kind of player.

Coming from a Wolverine, we're the football equivalent of a formerly abused wife of a meth addict who just remarried the safe nice guy. We're just glad we have someone who's aware that it's a rivalry and that tackling on defense is integral. Baby steps.

furls wrote:I don't know if Saban has the horses based on what I saw yesterday. 'Bama looked very mortal this week. No question aTm is a much better team with Manziel, but I give Sumlin credit for tossing him out of the game yesterday. I know the outcome was not in doubt, and that certainly makes a difference, but I will give Sumlin credit for taking a stand.

I wonder how much more attitude Sumlin will take. I bet turning his back on his coach had as much to do with it as his shit talking to Rice. This little puke doesn't realize he isn't just alienating his NCAAF team, but is hurting his draft prospects too. He is becoming a Raiders only kind of player.

Truth

To make matters, now that "Jesus' Favorite QB" has been cut, Jonathan Football is now the "let's find a love him or hate him sports figure and milk that lack of a story ad nauseam so we can attract viewers".

I don't need to be patient, they're going to be shit forever. - CDT, discussing my favorite NFL team